KUALA LUMPUR: The government remains committed to ensuring that the public's right to freedom of expression is not denied under any circumstances, said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
Following concerns raised by several quarters that the recently tabled Online Safety Bill could undermine freedom of expression, she said the government recognises that freedom of expression is a fundamental right guaranteed in most countries, including under the Federal Constitution in Malaysia.
"The government understands the concerns raised by some who believe that the bill's introduction may undermine Malaysians' rights and freedoms of expression.
"I would like to emphasise that this freedom is not unlimited and is subject to restrictions that are deemed necessary or beneficial for the security of the federation.
"Every right comes with its own responsibilities. We can all agree that harmful online content, such as cyberbullying, child exploitation and financial scams, are unsafe to share.
"This bill will only target such harmful content and ensure that it, as they say, never sees the light of day," she said when tabling the second reading of the bill today.
Azalina added that freedom of expression must be balanced with social responsibility to prevent its misuse in spreading harmful content that could adversely affect family institutions and children.
She said reasonable limitations on this freedom are essential to protect peace, social harmony and the overall well-being of society.
Azalina also said the bill includes provisions requiring service providers not to restrict users' freedom of expression.
"Consistent with the United Nations Guiding Principles on Business and Human Rights (UNGP), which emphasise the importance of respecting human rights through the principles of protect, respect and remedy, every provision in the bill has been carefully drafted.
"This ensures alignment with the human rights principles enshrined in the Federal Constitution."
Earlier, two rights groups, Article 19 and the Centre for Independent Journalism (CIJ) had, in a joint statement, warned that the broad and vague definitions of harmful content in the bill could lead to extensive censorship and undermine freedom of expression.
They also said the provision would likely result in increased "lawful content" being taken down from the Internet.
Meanwhile, in terms of the Malaysian Communications and Multimedia Commission (MCMC) being conferred powers as a regulator in the bill, Azalina said the decision was a strategic and cost-effective step for the government.
She said MCMC, with its existing organisational structure, staff and relevant mechanisms, can be directly utilised to enforce these provisions without significant financial implications.
"MCMC also has an Appeals Tribunal, which has been operating efficiently in handling appeals related to their laws.
"The use of existing infrastructure, particularly the Online Safety Appeals Tribunal introduced through this bill, not only saves resources but also ensures faster and more effective implementation.
"This bill will also complement the Communications and Multimedia Act 1998, which has served as the foundation for regulating the communications and multimedia sector in Malaysia," she said.
She added that the bill will also act as a complementary mechanism to the licensing regime introduced by the MCMC.
"MCMC has started a licensing regime with amendments to the Communications and Multimedia (Licensing) (Exemption) Order 2000, where social media service providers and internet messaging services are now required to be licensed before they can operate in Malaysia.
"With this approach, the government can not only ensure more efficient enforcement but also ensure continuity between the new and existing legislation, while minimising legal conflicts."